Mining Incidents
Search Operators Mines Alerts Research Controllers Fatalgrams About
English Español
← Back to search

Convict: 112 MSHA citations Coal

Controlled by Metinvest B V
MAXIE, Buchanan County, VA  ·  Abandoned
MSHA Mine ID: 4407061

Convict has $20K in proposed MSHA penalties and $1K outstanding across 1 contested dockets, plus health sampling and the full incident record.

Watch this mine

Email me when a new MSHA incident is filed at Convict.

Fatalities
0
Total incidents
4
Years on record
2002–2003
Latest incident
Aug 2003
Compliance record
MSHA citations since 2002
112
citations
49
significant & substantial
$20,171
proposed penalties
$19,008
paid to date
94% of proposed penalties paid to date, a $1,163 gap.
Source: MSHA violations data, updated weekly.
See Surface Minerals Company's full MSHA compliance history →
Inspection activity
MSHA inspections since 2002
44
inspections on record
993
inspection hours
n/a
citations per 100 inspection hours
ⓘ This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
Rate withheld: 993 inspection hours is too few for a stable rate. A minimum of 1,000 inspection hours is required.
Source: MSHA inspections data, updated weekly.

Convict has $20K in proposed MSHA penalties and $1K outstanding across 1 contested dockets.

Penalty disposition
ⓘ Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$20K
proposed penalties
$20K
current assessed
$19K
paid to date
$1K
outstanding
112 assessments are final orders; 1 contested dockets.
Of $132 in penalties contested before the Commission, $105 was upheld in final decisions.
As of the most recent assessment on 2011-12-12.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
ⓘ Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
43.8%
significant & substantial
0.9%
high negligence or reckless
43.8%
reasonably likely or greater
14.3%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 24.1% low, 75.0% moderate, 0.9% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
When citations were contested
ⓘ Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
2 citations taken to the federal commission · 2% of citations on record
  • Settled 2 · 100%
100%
S&S designation survived the contest
ⓘ Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 1 decided S&S contests · industry: 79%
20%
Penalty reduction in decided contests
$132 proposed, $105 after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2004-08-24.
Contested penalties
ⓘ A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
VA 2004-55 Settlement Melick 2004 $132 → $105
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at Convict shows 100% of 69 respirable coal dust samples met the 1.5 mg/m3 standard.

Health sampling
ⓘ A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.

Respirable coal dust
ⓘ Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2011-12-08, 14 years ago
100%
within 1.5 mg/m3
69
samples
0.74
dust max (mg/m3)
69 samples taken by MSHA inspectors, 0 by the operator.
Most-sampled occupations
  • AUGER OPERATOR16
  • GROUNDMAN13
  • HIGHLIFT OPERATOR/FRONT END LOADER13

Silica (quartz)

Last sampled: 2004-10-12, 21 years ago
19.7
silica avg (%)
6
samples
31.8
silica max (%)
Most-sampled occupations
  • BULLDOZER OPERATOR5
  • BACKHOE OPERATOR1
See US coal mines ranked by silica in their dust samples.

Noise
ⓘ The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2011-12-14, 14 years ago
5%
over PEL
39
samples
Most-sampled occupations
  • AUGER OPERATOR10
  • FORKLIFT OPERATOR9
  • GROUNDMAN6
See US mines ranked by noise samples over the legal limit.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
ⓘ A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.
Respirable coal dust by year
ⓘ Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Year within 1.5 mg/m3 samples
2011 100% 10
2010 100% 2
2009 100% 3
2008 100% 8
2007 100% 6
2006 100% 7
2005 100% 9
2004 100% 9
2003 100% 10
2002 100% 5
Noise by year
Year over PEL samples
2011 11% 9
2010 0% 2
2009 0% 3
2007 0% 3
2006 0% 7
2004 20% 5
2003 0% 5
2002 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

Convict recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
ⓘ This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 5.11 and the all-US-mining average was 4.21 cases per 100 workers.
In Virginia, coal mining averaged 4.71 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 12.26 8.18 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Surface Minerals Company 2002 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
ⓘ Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2019 0
2018 0
2017 0
2016 0
2015 0
2014 0
2013 0
2012 1 311
2011 3 21,684
2010 3 29,081
2009 3 23,741
2008 7 74,578
2007 5 62,402
2006 8 27,347
2005 16 66,602
2004 16 57,839
2003 20 88,087
2002 18 5,393
Source: MSHA quarterly employment and production, updated weekly.

Convict sits in Buchanan County, Virginia, where the Census mining category is 11.2% of county employment.

Local economic context
ⓘ County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Buchanan County, Virginia · Population 19,857
11.2%
Mining share of county employment
$42,216
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
ⓘ Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2019 Q1 0 0 0
2018 Q4 0 0 0
2018 Q3 0 0 0
2018 Q2 0 0 0
2018 Q1 0 0 0
2017 Q4 0 0 0
2017 Q3 0 0 0
2017 Q2 0 0 0
Show 58 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2017 Q1 0 0 0
2016 Q4 0 0 0
2016 Q3 0 0 0
2016 Q2 0 0 0
2016 Q1 0 0 0
2015 Q4 0 0 0
2015 Q3 0 0 0
2015 Q2 0 0 0
2015 Q1 0 0 0
2014 Q4 0 0 0
2014 Q3 0 0 0
2014 Q2 0 0 0
2014 Q1 0 0 0
2013 Q4 0 0 0
2013 Q3 0 0 0
2013 Q2 0 0 0
2013 Q1 0 0 0
2012 Q4 0 0 0
2012 Q3 0 0 0
2012 Q2 929 0 0 0.0
2012 Q1 1,551 0 0 0.0
2011 Q4 1,312 2 1 1524.4
2011 Q3 1,425 1 0 701.8
2011 Q2 2,212 0 0 0.0
2011 Q1 1,885 3 1 1591.5
2010 Q4 1,912 0 0 0.0
2010 Q3 2,437 3 3 1231.0
2010 Q2 1,530 0 0 0.0
2010 Q1 579 0 0 0.0
2009 Q4 0 0 0
2009 Q3 1,593 0 0 0.0
2009 Q2 2,831 5 1 1766.2
2009 Q1 3,346 0 0 0.0
2008 Q4 2,706 11 1 4065.0
2008 Q3 2,833 0 0 0.0
2008 Q2 4,080 17 7 4166.7
2008 Q1 5,181 0 0 0.0
2007 Q4 4,541 7 4 1541.5
2007 Q3 2,873 0 0 0.0
2007 Q2 2,509 0 0 0.0
2007 Q1 3,123 1 1 320.2
2006 Q4 3,688 4 2 1084.6
2006 Q3 1,127 0 0 0.0
2006 Q2 4,505 1 0 222.0
2006 Q1 8,799 0 0 0.0
2005 Q4 11,868 15 10 1263.9
2005 Q3 12,405 0 0 0.0
2005 Q2 11,117 4 0 359.8
2005 Q1 6,922 0 0 0.0
2004 Q4 10,140 5 1 493.1
2004 Q3 8,296 0 0 0.0
2004 Q2 7,679 3 1 390.7
2004 Q1 11,594 4 2 345.0
2003 Q4 13,635 7 3 513.4
2003 Q3 14,389 0 0 0.0
2003 Q2 10,053 1 1 99.5
2003 Q1 10,849 0 0 0.0
2002 Q4 7,360 2 0 271.7
No fatalities recorded at this mine.

Reportable incidents

4 on file

2003 · 3 incidents

August 14, 2003 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman HANDLING OF MATERIALS
Surface Minerals Company · Over-exertion in lifting objects

THE END OF THE AUGER HAD BROKEN OFF ON THE HIGHWALL MINER AND THE EE GOT INTO THE BASE FRAME AND LIFTED THE END OUT. THE END WEIGHED APPROXIMATELY 40 TO 50 POUNDS.

March 29, 2003 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDTOOLS (NONPOWERED)
Surface Minerals Company · Struck by falling object

EE WAS PUTTING A SECTION OF A BELLY BACK ON A DOZER. THE SECTION WAS HANGING FROM A CHAIN. EE WAS LYING UNDER THE DOZER. THE SECTION FELL AND CAUGHT EE'S RIGHT ARM. EE JUMPED AND HIT HIS RIGHT CHEEK BONE ON THE SECTION OF BELLY PAN AND CUT HIS CHEEK.

February 25, 2003 VA · Coal maintenance man, mechanic, repair/serviceman, boilermaker, fueler, tire tech, field service tech HANDLING OF MATERIALS
Surface Minerals Company · Struck against stationary object

EE WAS WORKING ON A TORQUE ON A DOZER AND WHEN HE WAS ENTERING THE BELLY PAN AREA HE HIT HIS LT. KNEE ON A METAL BRACKET.

2002 · 1 incident

October 10, 2002 VA · Coal laborer, blacksmith, bull gang, parts runner, roustabout, pick-up man, pitman SLIP OR FALL OF PERSON
Surface Minerals Company · Fall to the walkway or working surface

EMPLOYEE WAS PULLING ON THE CABLE THAT COMES FROM THE POWER CENTER TO THE HIGHWALL MINER. AS HE WAS PULLING HE SLIPPED AND TWISTED HIS BACK. THE GROUND WAS WET AND MUDDY.